Terms of Use

These Terms of Use, which include the Online Privacy Policy, govern your access to and use of our internet website (the “Site”). Your use of the Site is expressly conditioned on your acceptance of these Terms of Use. If you do not agree with any part of the Terms of Use, you must not use the Site.

CyberPro Consulting, LLC (“CyberPro”) reserves the right to modify these Terms of Use at any time and will post the changes on this page. Continued use of the Site by you will constitute your acceptance of any revisions to the Terms of Use. Please check this page regularly.

Permitted Uses

CyberPro makes the Site available to you, subject to your acceptance of these Terms of Use, without charge for the purpose of providing you with information about CyberPro and its services. The Site may be used for that purpose only and not for any other purpose, including any commercial purposes.

The Site provides users with access to various on-line resources, including applications that allow you to make payments (“Services”). Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Services, shall be subject to these Terms of Use. Your use of the Site is expressly conditioned on your acceptance of these Terms of Use. If you do not agree with any part of the Terms of Use, you must not use the Site., CyberPro grants you a personal, nonexclusive, nontransferable, license to access and use the Services, subject to these Terms of Use, solely for your internal purposes. The forgoing license includes the specific rights to use the available applications and functionalities of the Services and to print information from the Services. CyberPro does, however, reserve the rights to, without notice: (a) modify, suspend or terminate operation of or access to the Services at any time for any reason; (b) modify or change the Services or applicable operating policies at any time; and (c) interrupt the Services as necessary to perform routine and non-routine maintenance, error corrections, or other changes. CyberPro also reserves the right to modify these Terms of Use at any time and will post the changes on this page. Continued use of the Site by you will constitute your acceptance of any revisions to the Terms of Use. Please check this page regularly. Your continued use of the Services after your notification of the changed Terms of Use constitutes your agreement to the changed Terms of Use.

Agreement to be Legally Bound by These Terms

Please read these Terms of Use carefully before using the Site as they govern your access to and use of the Site, as more fully explained below.

By using the Site, including by navigating through pages within the Site or downloading any Content (defined below) from the Site, you agree to abide and be legally bound by these Terms of Use, including any changes or updates that may be posted on the Site from time to time. The Terms of Use as posted on any given date that you use the Site shall govern such use. If you do not agree to abide and be legally bound by these Terms of Use, the Privacy Policy, or any other terms published on the Site, do not use the Site or download Content from the Site.

Limited License

The content on the Site, including without limitation, the materials, information, text, software, code, scripts, graphics, photos, sounds, music, videos, interactive features and the like, as well as the trademarks, service marks, and logos (collectively, the “Content”), are owned by or licensed to CyberPro unless expressly disclaimed and are subject to copyright, trademark and other intellectual property rights under the law.

Subject to these Terms of Use, CyberPro grants you a limited right to view, access, and display the Content within the Site for internal use only. Your limited license is not transferable, nor is it exclusive to you. CyberPro may terminate your license, in whole or in part, for any reason and at any time with or without notice. Your license is also dependent on your agreement not to interrupt or attempt to interrupt the operation of the Site.

You may download the Content only for the purposes stated above. This license is not a transfer of title in the Content or any copies of the Content and is subject to the following restrictions:

  1. You may not modify the Content in any way (including the removal of any copyright or other proprietary notice contained in the Content), or reproduce or publicly display, perform, or distribute or otherwise use the Content for any public or commercial purpose.
  2. You agree to abide by all additional restrictions as may be displayed on the Site from time to time. The Site, including all Content, is protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws in your use of the Site and to prevent any unauthorized copying of the Content. Except as expressly provided herein, CyberPro does not grant any express or implied right to you in or to any Content.

Permissions and Restrictions

CyberPro hereby grants you permission to access and use the Site as set forth in these Terms of Use, provided that:

  1. You agree not to distribute any part of the Site, in any medium, without the prior written consent of CyberPro other than through functions and features provided through the Site (such as a downloadable image).
  2. You agree not to alter or modify any part of the Site.
  3. You agree not to use any part of the Site for any commercial purpose without the prior written authorization of CyberPro. Prohibited commercial uses include without limitation any of the following actions taken without CyberPro’s express written approval: 1) sale or transfer of access to the Site on another website or mobile application; 2) use of the Site or any information on the Site for the purpose of gaining advertising or subscription revenue; or, 3) the sale of advertising on the Site or any third-party website targeted to any information on the Site.
  4. Prohibited commercial uses do not include uploading of original material to the Site approved in advance or expressly authorized by CyberPro in writing.
  5. You agree not to use or launch any automated system, process or method, including without limitation, “robots,” “spiders,” “offline readers,” or similar devices, to access the Site in a disruptive manner, send more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period of time using a conventional online web browser, or comb the Site for the purpose of displaying the Site contents at any other location. Notwithstanding the foregoing, CyberPro grants the operators of public search engines permission to use spiders to reference or link to materials on the Site for the sole purpose of creating publicly available searchable indices of the materials. As with all provisions of these Terms of Use, CyberPro reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including usernames, from the Site, nor to use the communication systems provided by the Site (e.g., comments, email) for any unlawful purpose. You agree not to solicit, for commercial purposes, any users of the Site.
  6. In your use of the Site, you will otherwise comply with these Terms of Use and all applicable local, national, and international laws and regulations.
  7. CyberPro reserves the right to discontinue any aspect of the Site at any time.

The Content and Site are based in the Commonwealth of Pennsylvania in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Site outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Site from outside the United States, you are responsible for compliance with local laws.

Definitions

The following defined terms are used in these Terms and Conditions:

“Payee” means the merchant or other entity to which you authorize a bill payment to be directed.

“Payee Account” means the billing account with the merchant or other entity to which you authorize a bill payment to be directed.

“Payment Instruction” means your instruction and authorization to CyberPro Consulting, LLC to make a bill payment to a Payee.

“Payment Account” means the bank account that you authorize us to debit by electronic funds transfer when you make your bill payment using account information from your personal checking or savings account.

“Payment Card” means the credit card or debit card that you instruct us to charge to pay your bill payment.

“Business Day” means Monday through Friday, excluding Federal Reserve holidays.

“Scheduled Payment Date” means the Business Day of your choice upon which we will attempt to complete your bill payment and initiate the appropriate debit to your Payment Account or Payment Card.

Payment Service

When you initiate a Payment Instruction, you authorize CyberPro to charge your Payment Card or debit your Payment Account and remit funds to CyberPro on your behalf so that the funds arrive as close to the Business Day designated by you as is reasonably possible. While it is anticipated that most transactions will be processed on the day you choose, it is understood that due to circumstances beyond the control of CyberPro, some transactions may take a day or so longer to be credited to your Account.

If we are unable to obtain funds for a payment for any reason associated with your Payment Card or Payment Account (for example, there is not a sufficient balance available on your Payment Card or in your Payment Account to cover the transaction), then we will not be able to complete your payment transaction. If there is a problem in processing your Payment Instruction, CyberPro may attempt to contact you, using the telephone number you have provided.

If CyberPro makes a payment to your Account but is unable to obtain funds for that payment from your Payment Card or Payment Account, you agree that your payment will be reversed.

You further agree that by accepting these terms of service, you also authorize our Customer Service Representatives to receive and process single and/or recurring payments Instructions from you over the telephone.

Our liability for failure to complete transactions

CyberPro will use commercially reasonable efforts to process your payments in accordance with your Payment Instructions. However, CyberPro shall incur no liability if a payment is not made in a timely manner or if it is unable to complete any payments initiated by you through the Payment Service because of the existence of any one or more of the following circumstances:

  • Sufficient funds are not available through your Payment Account or your Payment Card;
  • Failure of any Payee to account correctly for or credit the payment in a timely manner, or otherwise mishandle or delay the payment;
  • The Payment Service is not working properly and you know or have been advised by CyberPro about the malfunction before you execute the transaction;
  • You do not provide CyberPro with all required information to complete the payment, such as your correct name, telephone number, or your complete and correct account information; or
  • Circumstances over which CyberPro has no control including, but not limited to large-scale technical malfunctions, including, but not limited to loss of access to the Internet or loss of access to the Federal Reserve System, prolonged outages of phone lines, electricity or similar infrastructure, acts of God, war, riot, civil disobedience or similar events of insurrection, governmental or court orders, regulatory or legislative changes by any local, state or federal governmental agency, strikes, work stoppages, or other similar occurrences or circumstances.

Digital Millennium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works at the Site;
  • Identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit CyberPro to locate the material;
  • Information reasonably sufficient to permit CyberPro to contact you, such as an address, telephone number and, if available, an e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may contact CyberPro’s designated Copyright Agent with notifications of claimed infringement at: DMCA TAKE-DOWN NOTICE, CyberPro, 100 Erie Insurance Place, Erie, PA 16530-1104; or contact us. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

B. Counter-Notice. If you believe that Content you submitted to the Site that was removed (or to which access was disabled) pursuant to this section is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the Content, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the Content that has been removed or to which access has been disabled and the location on the Site at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
  • Your name, address, telephone number and e-mail address, a statement that you consent to the jurisdiction of the federal court in Erie, Pennsylvania, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, CyberPro may send a copy of the counter-notice to the original complaining party informing that person that CyberPro may restore the removed Content or cease disabling it. CyberPro, at its sole discretion, may replace the removed Content.

Disclaimer

CONTENT PROVIDED THROUGH THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. CYBERPRO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER CONTENT DISPLAYED OR DISTRIBUTED THROUGH THE SITE.

FOR COMPLETE DETAILS ABOUT ANY SERVICES OFFERED BY CYBERPRO, YOU SHOULD CONTACT US. SERVICES ARE OFTEN PROVIDED ON AN INDIVIDUAL BASIS AND WILL VARY DEPENDING ON YOUR SPECIFIC SITUATION. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR CONTENT WILL BE AT YOUR SOLE RISK.

CYBERPRO RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE CHANGES TO THESE TERMS OF USE, THE SITE AND THE CONTENT, AND THE PRODUCTS, PROGRAMS, SERVICES AND PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THE SITE, AND CONTENT ON THE SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.

Third Party Sites

As a convenience to you, CyberPro may provide, on the Site, links to websites operated by other entities. If you link to and use any such websites, you will leave the Site, and you may be subject to the terms and conditions governing the use of such third-party websites. Clicking on any link within the Site to a third-party website is done solely at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements that may arise or result from the use of any third party website.

CyberPro makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links to third party websites do not imply that CyberPro sponsors, endorses, is affiliated or associated with such third parties, or that CyberPro is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through such websites, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of CyberPro.

Information Provided By You

CyberPro does not want you to, and you should not, send any confidential or proprietary information to CyberPro via the Site except as expressly or implicitly indicated by the Site functionality. See CyberPro’s Privacy Policy for additional information.

Do not send business proposals, inventions or ideas to CyberPro through the Site. You agree that any materials or information that you or individuals acting on your behalf provide to CyberPro will not be considered confidential or proprietary to you except as required by applicable law or other legal obligations.

To the extent you provide any materials or information to CyberPro, you grant to CyberPro an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, sublicense, transmit and distribute such materials and information, in any medium and in any form, and you further agree that CyberPro is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to CyberPro through or by means of the Site.

You further recognize that CyberPro does not want you to, and you warrant that you will not, provide to CyberPro, or post or transmit through the Site, any information that is defamatory, threatening, obscene, harassing, or otherwise unlawful, that infringes the intellectual property rights of another, or incorporates the proprietary material of another except as authorized.

Username Accounts

In order to access some features of the Site, you may have to create a username account. The information you provide at that time will constitute the basis for your username account. You may never use another’s username account without permission.

When creating your username account, you must provide accurate and complete information. You agree that you will not provide a false or fraudulent email address. If you create any username account that contains false information or omits any material information, you may not access or use the Site, and waive any rights to do so, including those described in these Terms of Use.

You are solely responsible for the activity that occurs on your username account. Should you establish a username and password on the Site, you must keep your username account password secure. CyberPro is not responsible for any other Site user or third party’s use or theft of your username and password. You must notify CyberPro immediately of any breach of security or unauthorized use of your username account. Although CyberPro will not be liable for your losses caused by any unauthorized use of your username account, you will be liable for the losses of CyberPro or others due to such unauthorized use.

CyberPro reserves the right to take appropriate action against any person who misrepresents his or her identity or improperly or fraudulently accesses policy information on the Site. This action may include, but is not limited to, legal action against any person accessing policy information in violation of any state or federal law or regulation.

CyberPro may use the information you provide on the Site and any other website operated by CyberPro, including your username account information, for any purpose, commercial or non-commercial, including without limitation for marketing purposes and for distribution of electronic mail messages to any email address provided.

Account Termination

CyberPro may terminate your username account and, to the extent possible, your access to the Site if CyberPro determines that you have taken any action in violation of these Terms of Use. Further, CyberPro may terminate, block or otherwise inhibit access to any Site visitor CyberPro deems to have violated any of these Terms of Use, including by blocking any IP address or other indication of the source of behavior, content or usage of the Site that violates these Terms of Use.

Important State Specific Disclosures and Consent Language

Specific disclosures and consent language may be required by certain states. Please read the disclosures or consent language below applicable to the state for which your policy is issued.

Limitations of Damages

IN NO EVENT WILL CYBERPRO, OR ITS EMPLOYEES, OFFICERS, DIRECTORS OR ANY OF ITS SUBSIDIARIES, BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON ANY INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, ANY ASPECT OF THE SITE INCLUDING WITHOUT LIMITATION THE CONTENT AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF CYBERPRO IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In the absence of any of the exclusions set forth above, it shall be CyberPro’s responsibility to correct any transactions not completed in accordance with your Payment Instructions. In the event that CyberPro is unable to correct the transaction, we shall refund the amount of funds received from you and this refund shall constitute your sole remedy. In no event shall CyberPro’s liability to you ever exceed the amount of funds that we receive from your Payment Account or Payment Card for a bill payment. THE FOREGOING SHALL CONSTITUTE CYBERPRO’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL CYBERPRO BE LIABLE FOR ANY OTHER LOSS, INJURY, OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF YOUR USE OF THE BILL PAYMENT SERVICE. EXCEPT AS OTHERWISE EXPLICITLY SET FORTH HEREIN, WE SPECIFICALLY DISCLAIM AND YOU UNDERSTAND THAT WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED AND THE SAME ARE HEREBY EXCLUDED FROM THESE TERMS AND CONDITIONS AND ALL TRANSACTIONS CONTEMPLATED HEREBY.

Indemnity

You agree to indemnify, defend and hold CyberPro, and its subsidiaries, affiliates, officers, members, agents or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of information you submit, post to or transmit through the Services, your use of the Services, your connection to the Services, your violation of these Terms of Use, or your violation of any rights of another.

Changes to These Terms of Use

CyberPro reserves the right, at its sole discretion, to modify, add or remove all or any portion of these Terms of Use at any time. Changes will be effective when they are posted. Your continued use of the Site after any changes are posted will be considered acceptance of those changes. If you do not agree to any changes, you may not continue to access or use the Site. CyberPro may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time and without notice or liability. CyberPro may also impose limits on certain features and services or restrict your access to all or part of the Site without notice or liability.

Location of Use and Choice of Law

The Site is controlled, operated and administered by CyberPro from its offices within the Commonwealth of Pennsylvania, United States of America. CyberPro makes no representation that the Site, or any Content, is appropriate or available for use at other locations outside of the United States, and access to the Site from territories where the Contents is illegal is prohibited. The Site is not intended to, and may not be used to, provide information regarding insurance products in any state where CyberPro is not licensed to do business. You may not use the Site or export any Content in violation of United States export laws and regulations. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws.

You and CyberPro agree that the laws of the Commonwealth of Pennsylvania govern these Terms of Use, without giving effect to any of its conflict of laws provisions that would direct the application of the laws of any other jurisdiction.

Relation to Other Agreements or Policies

These Terms of Use, and or any other terms published on the Site, which are hereby incorporated into and made part of these Terms of Use, constitute the entire agreement between CyberPro and you with respect to your access to and use of the Site and any Content.

Severability

If for any reason any provision of these Terms of Use is ruled to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of the Terms of Use, and the remainder of the Terms of Use will continue in full force and effect.

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